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H.B. No. 1236
AN ACT
relating to information required to be placed in a pen packet
accompanying a defendant on transfer from county jail to the Texas
Department of Criminal Justice.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 8(a), Article 42.09, Code of Criminal
Procedure, is amended to read as follows:
(a) A county that transfers a defendant to the Texas
Department of Criminal Justice under this article shall deliver to
an officer designated by the department:
(1) a copy of the judgment entered pursuant to Article
42.01 of this code, completed on a standardized felony judgment
form described by Section 4 of that article;
(2) a copy of any order revoking community supervision
and imposing sentence pursuant to Section 23, Article 42.12, of
this code, including:
(A) any amounts owed for restitution, fines, and
court costs, completed on a standardized felony judgment form
described by Section 4, Article 42.01, of this code; and
(B) a copy of the client supervision plan
prepared for the defendant by the community supervision and
corrections department supervising the defendant, if such a plan
was prepared;
(3) a written report that states the nature and the
seriousness of each offense and that states the citation to the
provision or provisions of the Penal Code or other law under which
the defendant was convicted;
(4) a copy of the victim impact statement, if one has
been prepared in the case under Article 56.03 of this code;
(5) a statement as to whether there was a change in
venue in the case and, if so, the names of the county prosecuting
the offense and the county in which the case was tried;
(6) a copy of the record of arrest for each offense;
(7) if requested, information regarding the criminal
history of the defendant, including the defendant's state
identification number if the number has been issued;
(8) a copy of the indictment or information for each
offense;
(9) a checklist sent by the department to the county
and completed by the county in a manner indicating that the
documents required by this subsection and Subsection (c) of this
section accompany the defendant; [and]
(10) if prepared, a copy of a presentence or
postsentence investigation report prepared under Section 9,
Article 42.12 of this code;
(11) a copy of any detainer, issued by an agency of the
federal government, that is in the possession of the county and that
has been placed on the defendant; and
(12) a written description of a hold or warrant,
issued by any other jurisdiction, that the county is aware of and
that has been placed on or issued for the defendant.
SECTION 2. This Act takes effect September 1, 2003, and
applies to a defendant who is transferred from a county to the Texas
Department of Criminal Justice on or after that date.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1236 was passed by the House on April
3, 2003, by a non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1236 was passed by the Senate on April
25, 2003, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor